GERALD M. McKIRE v. JAMES V. CROSBY, JR., Secretary, Department of Corrections

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GERALD M. McKIRE, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED. v. CASE NO. 1D04-1373 JAMES V. CROSBY, JR., Secretary, Department of Corrections, Appellee. Opinion filed August 18, 2004. An appeal from an order of the Circuit Court for Leon County. Charles A. Francis, Judge. Gerald M. McKire, pro se, appellant. Charlie Crist, Attorney General, and Joy A. Stubbs, Assistant Attorney General, Tallahassee, for appellee. PER CURIAM. The order of the circuit court is reversed and remanded on authority of Burgess v. Crosby, 870 So. 2d 217 (Fla. 1st DCA 2004). On remand, the circuit court shall consider the merits of the petition for writ of mandamus. BENTON, BROWNING and POLSTON, JJ., concur. 2

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